Syllabus

Title
5184 European Law
Instructors
Dr. Andreas Orator, LL.M. (NYU), diplômé (Sciences-Po), Univ.Prof. Dr. Erich Vranes, LL.M.
Contact details
sekretariat.vranes@wu.ac.at;
Type
PI
Weekly hours
2
Language of instruction
Englisch
Registration
02/21/24 to 02/28/24
Registration via LPIS
Notes to the course
Subject(s) Master Programs
European Law
Dates
Day Date Time Room
Monday 03/04/24 04:00 PM - 06:00 PM TC.5.27
Monday 03/11/24 05:30 PM - 07:30 PM EA.6.026
Monday 03/18/24 04:00 PM - 06:00 PM TC.5.27
Wednesday 04/10/24 05:30 PM - 07:30 PM D5.1.001
Monday 04/15/24 04:00 PM - 06:00 PM TC.5.27
Tuesday 04/30/24 04:00 PM - 06:00 PM TC.0.04
Monday 05/06/24 10:00 AM - 12:00 PM D3.0.233
Monday 05/13/24 10:00 AM - 12:00 PM D3.0.233
Monday 06/03/24 10:00 AM - 12:00 PM D3.0.233
Monday 06/10/24 10:00 AM - 12:00 PM TC.5.05
Tuesday 06/18/24 10:00 AM - 12:00 PM TC.0.01

On this page:

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Contents

This course builds on and substantially deepens and develops further knowledge conveyed at undergraduate level. Its core contents are as follows (emphasis may differ from term to term in line with current developments):

  • Constitutional foundations of the EU, with a focus on the EU Charter of Fundamental Rights (advanced)
  • Internal market, fundamental freedoms, harmonisation (advanced)
  • Economic and Monetary Union
  • Banking Union
  • Area of Freedom, Security, and Justice
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Learning outcomes

Upon completion of this course students will be able:


• to autonomously analyse and assess cases governed by EU law in areas covered by the course (see above);
• in particular, to properly apply the acquired knowledge to case solutions;
• and to understand and assess the implications of both current and future developments in EU law.
 

Moreover, this course promotes students' skills:

• to autonomously identify and effectively synthesise problems, both orally and in writing, and to provide for adequate solutions;
• to apply acquired knowledge in practice;
• and to independently develop acquired knowledge further, thereby allowing them to effectively keep pace with new legal developments.

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Attendance requirements
Attendance is compulsory. Successful passing of the course is not possible in case of absence going beyond two classes (i.e. more than 4 hours).
Students who miss the first class without prior notification of the lecturer will be deregistered from the course.
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Teaching/learning method(s)

European Law is a course with continuous assessment (PI) which combines elements of a traditional lecture with those of a seminar or tutorial, thereby enabling students to acquire an advanced understanding of the topics covered. Students are expected to get themselves acquainted with the topics of each class (see below) in advance. Details for each unit of the course will be announced in Canvas.

Attendance is compulsory. Students are allowed to miss two entire classes (i.e. 4 hours)  though. Students who miss the first class without prior notification of the lecturer will be deregistered from the course.

The language of instruction throughout the course will be English.

 

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Assessment

Student performance will be assessed on the basis of two written exams: The first exam will take place on Tuesday, 30 April 2024 (45 % of the overall grade) and the second exam on Tuesday, 18 June 2024 (45 % of the overall grade).

The remaining 10 % of the overall grade may be achieved through active participation.

Grading will be as follows: 0 to 50 % Nicht genügend (corresponds to the grade 5), 50.5 to 63 % Genügend (corresponds to the grade 4), 63.5 to 74.5 % Befriedigend (corresponds to the grade 3), 75 to 87 % Gut (2), 87.5 % and more Sehr gut (corresponds to the grade 1).

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Prerequisites for participation and waiting lists

Applicable to regular WU students only (not to incoming exchange students): Possible additional places will be allocated to students according to their position within the curriculum, not based upon their position on the waiting list.

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Readings

Please log in with your WU account to use all functionalities of read!t. For off-campus access to our licensed electronic resources, remember to activate your VPN connection connection. In case you encounter any technical problems or have questions regarding read!t, please feel free to contact the library at readinglists@wu.ac.at.

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Recommended previous knowledge and skills

Participants are expected to have a solid knowledge of the general foundations of constitutional and substantive EU law.

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Availability of lecturer(s)

Directly in class and via e-mail (see above).

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Other

In addition to the textbook(s) mentioned above, students are also expected to bring along a copy of the relevant legal texts, notably the TEU, the TFEU, including protocols etc, as well as the Charter of Fundamental Rights. To this end,  FlexLex Europarecht/European Law (Almhofer [Hg]) will be used in the course. Home-made copies of the relevant legal texts must not be used at the exams.

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Inhalte der Lernplattform

Lecture slides are available online via Canvas (see “Modules”), as are mandatory readings in particular for EMU and Banking Union law (cases, documents & papers).

 

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Unit details
Unit Date Contents
1

Human rights and multi-level governance

  • Sources of EU fundamental rights law
  • The EU Charter of Fundamental Rights
  • Multi-level human rights protection: areas of conflict
  • The EU's accession to the ECHR

Craig/de Búrca chapter 12 / Streinz § 10; Pechstein section F
2

The internal market: fundamental issues and recent developments

  • The fundamental freedoms as centre of gravity of EU integration
  • Fundamental freedoms: system and structure

Craig/de Búrca chapter 18 / Streinz § 11, sections I., II. and VI.; Pechstein section G.II
3

The fundamental freedoms I

  • Free movement of goods: system and recent developments
  • Free movements of workers: recent developments (notably third-party effects)

Craig/de Búrca chapters 19, 20, 22, 24 / Streinz § 11, sections III., IV.1.-2. / Pechstein sections G.I and III
4

The fundamental freedoms II

  • Freedom of establishment: system and recent developments
  • Freedom to provide services: system and recent developments

Case study

Craig/de Búrca chapters 23 / Streinz § 11, sections IV.3.-4. / Pechstein sections G.IV-VI
5

The fundamental freedoms III

  • Free movement of capital: system and recent developments (notably protection against 'undesirable' foreign investments)
  • Free movement of payments: system and recent developments

Craig/de Búrca chapter 20.1-2 / Streinz § 11, section V.; Pechstein section G.VI
6

First exam

 
7

Introduction to the Economic and Monetary Union

Monetary Union 

  • Historical development
  • Institutions and relevant rules 
  • ESCB monetary objectives and instruments
  • Recent developments: crisis management and reforms

Craig/de Búrca chapter 21 §§ 3-8 / Hinarejos in Barnard/Peers (eds), European Union Law3 (2020) chapter 18 / Streinz § 15; readings on learn@wu
8

Economic Union 

  • Coordination of economic policies and economic governance
  • Financial assistance and European Recovery Plan 

Craig/de Búrca chapter 21 §§ 3-8 / Hinarejos in Barnard/Peers (eds), European Union Law3 (2020) chapter 18 / Streinz § 15; readings on learn@wu
9

Banking Union

  • Single Supervisory Mechanism
  • Single Resolution Mechanism
  • European Deposit Guarantee Scheme

Streinz § 15; readings on learn@wu
10

Area of Freedom, Security and Justice

  • Judicial and police cooperation in criminal matters
  • Migration law

Craig/de Búrca chapter 26 / Peers in Barnard/Peers (eds), European Union Law3 (2020) chapter 25 / Streinz § 13; readings on learn@wu

Case study
11

Second exam
Last edited: 2024-01-09



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